Foundation for a Greater Opportunity v. Smith

OPINION OF THE COURT

Michael C. Lynch, J.

This proceeding arises from correspondence dated August 31, 2007, written in response to a request for an “Opinion Regarding Charter Schools,” wherein a representative of the respondent New York State Department of Labor opined that the “prevailing wage rates apply to those situations where a charter school constructs, alters, repairs, or maintains school facilities.” The basis for the August 31 letter opinion was that (a) construction of charter school facilities has a “public purpose” and the object of such construction is to benefit the public; (b)…